Email Marc Roth

Overview

Marc advises clients on all things advertising, marketing, promotions and privacy, having practiced in these areas for decades, in various capacities. A former Federal Trade Commission attorney, he understands regulatory priorities and concerns, which enables him to provide informed and practical advice to clients and prepare for the possibility of challenge. Having served as Chief Marketing Counsel for a Time Warner subsidiary, he knows the type of advice his clients need to do their job – prompt and practical answers, not lengthy and indecisive memos. He knows that “no” is not an option for in-house lawyers serving their business teams and works tirelessly with clients to develop viable and effective solutions acceptable to all stakeholders.

General Advertising

Marc assists clients in understanding and complying with federal and state consumer protection laws, such as the FTC Act and state UDAAP laws. Specifically, he advises on:

1. General claim substantiation
2. Pricing, green and environmental, and Made in USA claims
3. Marketing to children
4. Social Media, Influencers and Ambassadors
5. Sponsored content, Native Advertising
6. Warranties
7. Conducting sweepstakes and contests and giveaways
8. Developing and managing coupon, gift card and rebate programs.
9. Escheat issues
10. Cannabis and CBD companies

Privacy

Marc drafts and reviews privacy policies and advises on privacy and data protection issues for compliance with applicable laws and best practices, including:

1. Federal Trade Commission Act
2. Children's Online Privacy Protection Act (COPPA)
3. CAN SPAM Act
4. Gramm Leach Bliley Act (GLBA)
5. Health Insurance Portability and Accountability Act (HIPAA)
6. California Consumer Privacy Act (CCPA)
7. State data broker laws impacting affiliate marketing and lead generation

Subscription Marketing and Free Trials

A significant portion of Marc's practice involves helping clients develop and implement free trial and auto-renewal subscription programs. Having served as Chief Compliance Counsel for the country's largest automatic renewal magazine subscription company for 7 years, Marc has unparalleled knowledge of the federal and state laws and credit card rules applicable to these programs, as well as regulatory and class action trends in this area.

Telemarketing and Texting Programs

Marc assists clients develop telemarketing and texting programs in compliance with federal and state laws such as the FTC's Telemarketing Sales Rule and the Telephone Consumer Protection Act. In particular, he advises on offer terms and conditions, obtaining various types of consumer consent, permissible calling times, and Do Not Call policies and procedures.

Transactional Matters/Regulatory Investigations

In addition to his counseling practice, Marc also assists clients on transactional matters and guides them through federal and state regulatory inquiries and investigations.

Areas of Speciality

• Subscription Marketing and Free Trials
• Text/SMS Marketing
• Telemarketing
• Privacy
• Lead Generation
• Social Media
• Sweepstakes/Contests
• Coupons/Loyalty Programs
• Claim Substantiation
• Transactions
• Regulatory Investigations

Bar Admissions

• New York

Education

• Hobart and William Smith Colleges, A.B. (European History), 1986
• Syracuse University, J.D., 1991
• Syracuse University, M.P.A. 1991

Memberships & Affiliations

• Brand Activation Association/Association of National Advertisers 1996-present
• Magazine Publishers Association, 2003-present
• Professional Association for Customer Engagement, 2014-2018
• Editorial Advisory Board, Social Media Law & Policy Report, Bloomberg BNA, 2014-2016
• Editorial Advisory Board, Social Media Law & Policy Report, Bloomberg BNA, 2014-2016

Recognition

• Chair and speaker, PLI TechLaw: The Digital Evolution, NYC and San Francisco. 2013-present
• “America's Leading Lawyers for Business” in Advertising: Transactional & Regulatory (Nationwide) by Chambers USA, 2014-present
• “Best Lawyers in America” in Advertising Law, 2018-present
• “Top Authors” in JD Supra Readers' Choice Awards, 2017

Our People

Tsan Abrahamson | Marc Roth | Michael Traynor | Angelique Tremble | Chris Civil | Matthew Passmore | Norma Black | Noemi Zieman